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How can you know if you have a right to alimony after divorce?

On Behalf of | May 7, 2024 | Divorce

One of the most complex aspects of any divorce is adjusting to the financial ramifications of this decision. You know that your life will change in many different ways, and you may have concerns about how the end of your marriage will affect your long-term financial security and well-being. If you were the lesser-earning spouse during your marriage, you could be eligible for alimony, also called spousal support.

Spousal support is intended to help one spouse, typically the lesser-earning spouse, to adjust to the economic inequity brought about by a divorce. These payments can help you cover your basic needs as you transition to post-divorce life, and there are many different factors that go into determining whether you are eligible for this help, and if so, how much the payments may be. If you are facing a New Jersey divorce, it may be beneficial to learn more about what you can expect.

How the process works

There are no two situations that are identical, and just because you want alimony does not necessarily mean that you will get it. You can petition for it through the court, and the court may grant it based on several factors, including the length of the marriage, earning capacity of both spouses and more. Other criteria that affect the determination of alimony include:

  • Mental and physical health of both parties
  • Length of time necessary for lesser-earning spouse to find employment
  • Standard of living established during the marriage
  • Age of each spouse
  • Duration of the marriage
  • Whether one spouse gave up his or her career in support of the other spouse’s career
  • Ongoing responsibilities of each spouse during the marriage

The court may determine that it is appropriate for the receiving spouse to have this support on a permanent basis or until he or she remarries. It can also be granted on a temporary basis, such as long enough to seek better employment, return to school or find additional sources of income.

Fight for what you deserve

You have the right to seek spousal support after your divorce. If you believe that you could have a right to these payments, you may benefit from seeking insight regarding the most beneficial ways you can fight for the outcome you need and deserve. An assessment of your case by a knowledgeable individual can help you understand eligibility requirements.

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